Hi, I applied and successfully received student visa from India in October 2017. I traveled to UK on 12th October but could not register for the course (reason being I got really sick for 4 days) and as the extended last registration date for my course,13th October, was already over, I left UK willingly on 16th. (I had already applied for 2-3 weeks registration extension in September till 13th October and was approved but the university said in mail they would not be able to extend it further).
I did not collect my BRP from the university. Afterwards, I withdrew from the course and got the course withdrawal letter from UCAS and refund from the university for full tuition fees.
I have received the below mentioned email on 23 March, 2018 from Home Office which mentions that my previous TIER 4 visa has been curtailed.
Now, I am applying for May 2018 intake (I wanted to apply for Feb intake but university offered me May intake instead) for same course at another university and have already paid the full tuition fees and also received the CAS letter.
I have 3 queries:
Since now I am filling the fresh TIER 4 application for the same, the application contains a question: "Have you ever voluntary elected to depart the UK? "
1. What should be my response to this question? "Yes" or "No" ?
2. If I select "Yes", it asks to enter following information:
a) Date of departure*
b) Airport or port of departure*
c) Immigration decision and the papers you were served
d) Reference number
NOTE:- Fields marked * are mandatory.
What should I write in the "c" and "d" part, since I have only received the following mentioned email and no other communication or papers at my address and what should be written in the reference number? There is a Home Office reference number given in the email but its in the form " XXXXX2221"(Its marked out by the HO). Can i skip "c' and "d' altogether since these are not marked mandatory?
3. There is another question just above "Voluntary elected to depart UK" which asks "Have you ever been deported, removed or otherwise required to leave the UK?". Is it safe to write "No" to this question?
I am really confused and do not want to be seen as being economical with the truth. Any help is kindly appreciated.
EMAIL RECEIVED FROM THE HOME OFFICE:
(Note: Names have been starred by me but HO Reference Number is untouched)
"Dear Mr *****
HO Reference Number: XXXXX2221
Please find attached a notice regarding your immigration status in the UK. As this relates to your immigration status you must read the notice as a matter of urgency. This is a genuine message from the Home Office. Should you have any concerns about the authenticity of this message you can call 0300 1232 241.
If, after reading this notice, you require general information regarding the Immigration Rules, you may contact the immigration enquiry bureau.
Information on the immigration enquiry bureau, including details on the service it provides and how to contact the bureau can be found on the Home Office website using the following link:
http://www.ukba.homeoffice.gov.uk/about ... tem=201111
If you require advice on your specific case you will need to seek legal advice as appropriate. Information on how to find a suitably qualified immigration adviser can be found on the Office of the Immigration Services Commissioner (OISC) website (
http://oisc.homeoffice.gov.uk).
Please do not reply to this email.
Yours sincerely
J ******
Notifications & Curtailments Team (Manchester)
On behalf of the Secretary of State"
ATTACHED FILE WITH THE EMAIL:
"Served via email Case ID XXXXX2221
Date 23 March 2018
Dear Mr *****
CURTAILMENT OF LEAVE
Your leave to enter has been curtailed. You should now leave the United Kingdom.
What this means for you.
Your immigration leave has been curtailed.
You must leave the UK now, or you will be liable to be detained and removed.
If you do not leave voluntarily and removal action is required you may be subject to a re-entry
ban of up to 10 years. You may also be prosecuted for the offence of overstaying, the penalty
for which is a fine and/or up to 6 months imprisonment.
While in the UK you may not work or access benefits.
Further information
If you have any reason to stay in the UK that you have not already told us about, you must tell
us now using the application forms on our website: gov.uk/ukvi. You should seek legal advice
as soon as possible if you are intending to stay in the UK.
The enclosed documents set out the reasons why your immigration leave has been curtailed and
informs you of the legal consequences.
Yours sincerely
J ******
Notifications & Curtailments Team (Manchester)
UK Visas and Immigration
On behalf of the Secretary of State
NOTICE OF CURTAILMENT
Date of decision: 23 March 2018
Our ref: XXXXX2221
CURTAILMENT OF LEAVE
REASONS FOR DECISION
The Home Office was informed by your sponsor (licence number ending XXXX**** as
shown on your Biometric Residence Permit) on 13 October 2017 that you failed to commence
studying with them.
Therefore, as you failed to commence studying with your Tier 4 Sponsor, your leave is curtailed
under paragraph 323A(a)(ii)(1) of the Immigration Rules with immediate effect.
If you hold a biometric residence permit (BRP), you are required to return it to the Home
Office. You should cut up the card and post it in a plain windowless envelope to: BRP
Management Unit, Home Office, Conference House, Portishead Office Park, Conference
Avenue, Portishead, Bristol BS20 7LZ, Great Britain.
You may be issued with a fine of up to £1,000 should you fail to send your BRP to the Home
Office. If your BRP is lost or stolen you must tell the Home Office or risk a fine. Details
about reporting lost and stolen BRPs are on our website at:
https://www.gov.uk/biometric-
residence-permits/lost-stolen-damaged.
If you leave the Common Travel Area (the UK, the Channel Islands, the Isle of Man and the
Republic of Ireland) your leave to enter or remain will lapse under Article 13(3) of the
Immigration (Leave to Enter and Remain) Order 2000 and you may require a visa to enter the
United Kingdom.
NO RIGHT OF APPEAL - NO ADMINISTRATIVE REVIEW
Right of appeal
You do not have a right of appeal against this decision.
Administrative review
You may not seek administrative review of this decision because it is not an eligible decision for
the purposes of administrative review, as defined in the administrative review Appendix of the
Immigration Rules.
Yours sincerely
J ******
Notifications & Curtailments Team (Manchester)
UK Visas and Immigration
On behalf of the Secretary of State
ENFORCEMENT NOTICE
Re: Mr ***** India ***** (Date of Birth, starred by me)
Date of decision: 23 March 2018
This enforcement notice accompanies the enclosed decision curtailing your leave to
enter or remain.
LIABILITY FOR REMOVAL
Persons who require, but no longer have leave to enter or remain are liable to removal from the
United Kingdom under section 10 of the Immigration and Asylum Act 1999 (as amended by
the Immigration Act 2014).
You may be detained or placed on reporting conditions.
If you do not leave the United Kingdom as required you will be liable to enforced removal to
India. We may remove you via a transit point in an EU member state.
If you wish to seek legal advice you must do so now. You will not be removed for the first seven
calendar days after you receive this notice*. Following the end of this seven day period, and for
up to three months from the date of this notice, you may be removed without further notice.
*If you received this notice by post, you are counted as receiving it two working days after it was posted
CONSEQUENCES OF ILLEGALLY STAYING IN THE UK
Persons who remain in the UK without lawful basis may be prosecuted for the offence of
overstaying under the Immigration Act 1971, the penalty for which is a fine and/or up to 6
months imprisonment. If you do not leave voluntarily and removal action is required you may
face a re-entry ban of up to 10 years. If you decide to stay, then your life in the UK will become
increasingly more difficult. For example, some of the consequences of not leaving immediately
will be that:
You will not be allowed to work in the UK. Immigration Enforcement Officers visit
workplaces and any employer found to be employing an illegal immigrant may be liable
for a civil penalty of up to £20,000 per illegal worker.
The Immigration Act 2014 will require landlords to conduct immigration checks.
Landlords may face a penalty if they let a property to an illegal migrant.
You are not entitled to claim benefits. Immigration Enforcement will share your details
with HMRC or DWP. You may be liable for prosecution if you make a false declaration
to these organisations or fail to inform them of a change in your circumstances which
affects your entitlement to benefits.
You may be charged for any secondary healthcare you receive.
Immigration Enforcement may share your details with financial fraud prevention
organisations to allow service providers to decide whether you should have access to
financial products such as bank accounts and credit agreements.
Immigration Enforcement will ask the DVLA not to issue you with a driving licence. If
you already have one, we will ask the DVLA to consider cancelling it. If your licence is
cancelled, you will then be unable to drive legally in the UK.
ONE STOP NOTICE
Section 120 of the Nationality, Immigration and Asylum Act 2002 .
This is a notice served under section 120 of the Nationality, Immigration and Asylum Act 2002.
IF YOU HAVE FURTHER REASONS FOR WANTING TO STAY IN THE UK
If you have reasons to stay in the United Kingdom that were not part of your recent application,
you must state them. This requirement is being given under section 120 of the Nationality,
Immigration and Asylum Act 2002. If you do not tell us as soon as reasonably practicable and
you tell us later without good reason, you will lose any right of appeal you may have otherwise
qualified for if we refuse your claim.
What you must do
now:
You must now tell us about any reasons or grounds you have for wishing
to remain in the United Kingdom. You do not need to tell us about any
reasons or grounds which you have already told us in your claim or
application.
Where you do have a reason or grounds for wishing to stay in the United
Kingdom you should submit an application using the relevant form. You
can find the application form on our website: gov.uk/ukvi.
Where you do not have a reason or grounds for wishing to stay you must
leave the UK.
What you must do
in the future:
In the future, if you fail to depart from the United Kingdom and your
circumstances change so that you have new reasons or grounds for
wishing to remain in the United Kingdom, you must tell us about them, by
making an application to remain in UK, as soon as reasonably practicable.
HELP AND ADVICE ON RETURNING HOME
The Home Office Voluntary Returns Service can be contacted for help on returning home.
The team can discuss your return, help to obtain your travel document and send it to the port of
departure, help with the cost of your tickets, and in some cases provided other financial and
practical assistance to use once you have returned to your home country.
Please note that if your documents are held by the Home Office please contact the voluntary
returns service before you book your flight if you are paying for your own return, this will help
us ensure that your passport is available for your flight.
Contact the voluntary Returns Service
Telephone: 0300 004 0202 (Monday – Friday between 9:00 and 17:30)
Web:
https://www.gov.uk/return-home-voluntar ... n-get-help.
Yours sincerely
J ******
Notifications & Curtailments Team (Manchester)
UK Visas and Immigration
On behalf of the Secretary of State"
